BVA9500169 DOCKET NO. 93-04 713 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for the claimed residuals of exposure to nerve agent pills. 2. Entitlement to service connection for the claimed residuals of exposure to anti-malarial pills. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Sabrina M. Tilley, Counsel REMAND The veteran served on active duty from February 1987 to February 1992. The veteran has expressed the belief that he is experiencing physical problems due to his participation in the Persian Gulf War. Specifically, he contends that he developed some type of disorder due to taking anti-malarial and nerve agent pills that were administered by the military in Saudi Arabia. The veteran contends that he has experienced diarrhea, vomiting, chills, head and chest congestion and a sore throat since that time. He argues that he has contracted some type of syndrome common to veterans of the Persian Gulf War. In light of recent legislation and proposed regulatory changes, the Board finds that additional development is in order to evaluate the veteran's claim. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should take all appropriate action to afford the veteran an opportunity to submit any additional reports of medical treatment or medical opinions that are pertinent to his claim. All evidence obtained should be associated with the veteran's claims folder. 2. The veteran should be afforded a medical examination under the direction of VA in order to determine the current nature and likely etiology of his various complaints. All indicated special studies and tests should be accomplished. The examiner is requested to review the entire claims file and to offer an opinion as to the medical probability that the veteran currently has chronic disability that is related to his service in the Persian Gulf War. The clinical basis for the medical opinion should be set forth in detail. 3. The RO is requested to review the veteran's claims in light of the additional development and law and regulations. Upon completion of the above, the veteran and his representative should be provided with a supplemental statement of the case. After he and his representative have been given a reasonable opportunity to respond, the case file should be returned to the Board for further appellate review, if necessary. The purpose of this REMAND is to procure clarifying data and to comply with governing adjudicative procedures. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this appeal. STEPHEN L. WILKINS Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1993).